The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

state.
SEC. 2. It shall be unlawful, and Is hereby
declared misde,nean9r for any contractor or
DONE any work OF any description In the manu.
facture OF any article or articles. within prison
walls or in prison buildings aforesaid under con-
tract previously made for the same. and which
article or articles is or are intended for use Ia
this state, in competition with custom work
done by artisan labor of this state,
SEC. 3. Aud upon conviction thereof such Of
Tending person or party shall be punished by
Imprisonment in the county jail for period not
months, or by fine OF not less than five hundred
t5OOl dollars. nor more than five thousand
$1,000 dollars. or BOTH
herein contained shall be construed to debar or
to prevent any such contractor or contractors Of
prison labor from entering into contract with
persons outside of the state, providing that such
article OF articles manufactured under such con-
tract are for sale and use outside of this state
or to prevent the manufacture and after sale of
this act to prevent competition with the free
custom labor OF the state upon work offered I'M
der contract by plans and specifications. Pro-
vlded, that nothing in this act shall be con-
strued SO as to impair the obligation Of the ex-
lsting contract between the state and the state
prison contractors.
with this act are hereby repealed
Sec 6. This act shall take effect and be in
force from and Nd after its passage sg
lOS
AN ACT to discharge executors and admfnfstra-
tors and cancel their bonds.
BE it enacted by the Legislature of the State Of
Minnesota:
SECTION l.. That in all cases where any exccu-
tor or administrator has heretofore resigned his
trust, and the same has been accepted, and his
final account of administration has been exam
ined, allowed and approved by the proper court
such resignation is hereby declared to be legal
and binding, ana to have forever DISCHARGED him
from all his dntes powers and liabilities such
executor or administrator and he and his sure
| estate are hereby fore yer released and &C
quilted.
SEC. 2. That in all cases where anv executor
or administrator shall have heretofore made his
final account Of administration, and the same
has been duly examined allowed and approved
by the proper court. he is hereby declared to
have forever terminated his duties and powers
as such trust tee: and he, and the sureties upon
any and all bonds which may have been filed in
| such estate, are hereby forever released and ac-
Quilted from all liability in such mat ter at the
expiration of two (2 years after the date Of such
allowance: provided, however, chat in case i'm
proper credits shall have been allowed or proper
charges against him have been omitted upon
settlement OF his final account. by mistake, the
llablllty OF such executor or administrator shall
remain in respect thereto as heretofore ANYTHING
Ill this act to the contrary nOtwit hstanding.
SEC. 3. Nothing in this act shall be construed
to release ar executor or administrator who has
been guilty Ut Intentional fraud malfeasance
in executing his trust, and he and his sureties
shall still be liable: provided, however that no
action or proceeding shall he against such exec
utor' administrator, or sureties, save by permis-
sion OF the probate court upon notice to him or
| them and upon proof to the satisfaction of such
court. of the probability of intentional fraud or
| ments be rendered against him or them unless
such intent is shown in the trial court.
SEC. T. The word executor" in this act shall
be construed to include an administrator with
| the will annexed.
Sec: 5. This act shall take effect and be in
force from ana after its passage.
Approved March 7th, 1887.
AN ACT ENTITLED An act providing for pri-
| vate consultation between attorneys and pris-
Oners."
Be it. enacted by the Legislature of the State of
| SECTION l. That all public officers, sherirs,
coroners, policemen, or other officers or persons
having IN custody any person committed, i'm
p:lsoned or restrained Of his liberty for any al
| legged cause whatever, shall, except in cases Of
| imminent danger of escape, admit any practic-
ing attorney-at-law of this state who may have
been retained by or in behalf OF such person so
ray desire to see or consult. to see such person
| - consult with him alone and in private, at
! the jail or ether place Of custody.
SEC. =. That all public officers or other per-
| sons having in custody any person arrested,
| committed, imprisoned or restrained of his lib
er:y for any alleged cause whatever, shall. upon
being requested SO TO do by such person 50
restrained Of his liberty and before other pro-
ceedings snail be had, and as soon as practicable
al1eI Sucn request Is maze. notify any practic-
ing attorney-at-law residing in the town, city or
place wherein snch person is restrained of his
liberty. that such person desires to see and con-
suit with the attorney 80 notified.
SEC. 3. Any public officer or other person who
shall violate any provision OF this act shall be
deemed guilty Of misdemeanor, and shalt be
punished by tine OF not less than twenty-five
dollars (S25) nor more than one hundred dollars
(TlOO, or by Imprisonment in the county Jail for
| a period of not less than thirty days. nor more
than ninety 900 days, or by both such fine and
q nf f0F
competent jurisdiction; aud such officer or other
person shall also forfeit and pay to the person
aggrlcved one hundred dollars ($1OO), the same
SEC i. This act shall take effect and be in
| force from and after it's passage.
Approved Feb. 21st, 1887.
1O4
AN ACT to amend section SIS, CHAPTER 13. Gen.
era! Statutes 1873 relating to roads, cartways
and bridges
Be it enacted by the Legislature Of the State of
Minnesota:
SECTION i. That section tfty-five 55) of
thousand eight hundred and seventy-ej9ht
us1s' be amended so as to read as follows:
Section 81: Every road located by state or
only be changed or vacated bv an order of the
county commissioners. as provided for in this
chapter. Ali damages claimed in the location of
counties Of this state shall be determined by the
provisions of this chapter, the same as in the
location OF county road. and the organized
counties through which any state road is located
snail be liable for such damages. 1t shall be the
duty Of the county commissioners to cause all
the proceedings in the location, changing or
vacatlny anv state or county road to be recorded
III a suitable book provided for such purpose to
be known as the "Book OF State and County
Roads," and said book shall be public record
and shall be prima facie evidence in all the
courts OF this state of its contents. The said
county commissioners are authorized to allow a
reasonable compensation for such recording. not
fsx foil
SEC z. Ali acts inconsistent with the pro-
visions of this act be, and the same are hereby
SEC. ). This act shall take effect and be in
force from and after its passage.
Approved March I'd. 1887.
1o5.
AN ACT to regulate actions for libel
be II enacted by the Legislature OF the State Of
Minnesota:
SECTION l. Before any suit shall be brought
for the publication Of a libel in any newspaper
IN this state, the aEgrieved party shall at least
three 81 days before filing or serving thc COM
plant plant in such suit, serve notice On the pub
Usher or publishers Of said newspaper at their
principal office OF publication, specifying the
statements in the said articles which he or they
| allege to DO false aud defamatory: and il it
shall appeal, on the trial OF said action that the
said article was published in good faith, that its
lastly was due 70 mistake or misrepresentation
| any statement therein alleged to be erroneous
was published in the next regular issue Of such
newspaper. or within three days after such mis-
take or misrepresentation was brought to the
! knowledge Of such publisher publishers, in as
conspicuous place and type in such newspaper
as was the article complained of as libelous,
then the plaintiff in such case shall recover only
actual damages: provided, however, that the
provisions OF this act shall not apply to the case
| OF any libel against any candidate for a public
Gffice in this state, unless the retracton Of the
charge Is made editorially in conspicuous
| manner at least three 81 days before the cleo
| tion.
SEC 2 The words actual damages" in the